New Ulm weekly review., 1887-04-27
MrER-s1Ars Cox1sBC1.
Tho Commission Takes 0ceasion to Gently Lsct.
nre Railroad Men Their Cooperation Invited
that the Law May be Fairly Executed.

suat lNe LaH may 10 cAl1ly Exee0C0Ts
The Interstate Commission has received
applications from a great number OF sourc g
asking rulings upon many questions sug.
gested by the text OF the law. To those it
makes answer:
A careful reading OF the act under which
this commission is organized will show to
the petitioners and Others who have made
similar applications that no jurisdiction
has been given to US to answer questions
like these under consideration. Two sec
tions OF the law confer power upon the
commission to entertain and decide appli-
cations and petitions. Section empow-
ers us, upon application by common car.
rler, to authorize such common carrier, in
special cases, to charge less for longer than
for sh, fter distances over the same line, and
also to prescribe the extent Of relief from
the operation OF the former part OF the
same section which designated common
carrier may from time to time enjoy.
tbs obvious that applications like those
and Travellers union have no relation
whatever to the duty imposed upon us by
section 4-the only section ofthe law which
the commission has power to suspend or
relax.
Although it might be desirable or at
least convenient in respect to many pieces
of new legislation to have a tribunal estab-
instruction and advice respecting the
meaning OF the law and it's application to
suggest circumstances and conditions, a
moments reflection will show that no such
tribunal could be properly erected. Con-
gress has not taken the management OF the
railroads out OF the hands OF the railroad
companies. 1t has simply established
CERTAIN GENERAL PRINCIPLES
under which interstate commerce must be
pH iS o1 hose
provisions. They simply bring back the
business OF the common carriers to the
well settled principles OF the common law.
Yet no one can deny that there was urgent
need OF their statutory formulation? Al
legged difficulties in putting them in opera
tion only disclose examples OF the extent
to which, they have been violated in the
past. The sections OF the act are express
ed in plain words. A construction must
be given to them in the first instance to
the carriers and their patrons. When a
course OF conduct has been adopted, OF
which complaint is made that it violates
the law, the decision OF the question
will rest with the courts or with
the commission as the complaining
Cd in which all legislation is admins tered
and applied, and the statute in question
represents no exception. It appears from
the clamorous petitions that have been
laid before us for preliminary advice, many
OF them obviously upon the suggestion if
not by the procurement OF the carriers,
that comment on the law by the carriers,
and those who have heretofore enjoyed
special favors at their hands, describes the
system OF penalties which the law provid-
es as extreme, and the risks imposed on
unintentional and unwilling violators OF
the provisions as enormous. Such com.
ment seems to us neither fair nor just. It
is true that section provides that for vi
olations OF the law, and for failure to do
an act which the law requ Tres. the offending
carrier shall be liable to the injured party for
THE ACTUAL DAMAGE
sustained, together with a reasonable
counselor attorney fee, to be fixed by the
court and collected with the costs in the
case. 1t is also true that section 10 i'm
poses a fine OF not to exceed SIS, 900 upon
common carriers and their officers, agents
and servants who willfully do or cause to
be done, or willingly suffer or permit to be
done, an prohibited act, upon conviction
in a district court OF the United States.
The remedy described in section adds an
attorneys fee to the existing common law
right OF any in jured party to recover the
full amount of his damage, a condition oil
affairs which cannot greatly alarm corpo.
rations disposed to fair dealing, while the
criminal remedy given in section 10 obvi-
the law, and in these cases to begraduated
by the court according to the enormity OF
the offense. Good faith exhibited in an
honest effort to carry out the requirements
OF the law will involve reasonable and fair
minded officials in no danger OF damages
or fines. The elasticity of the sta tute in
their tavor is noticeable. The unjust dis
elimination OF section 2 must be ''in 81 like
and contemporaneous service in the trans
portation OF like kind OF traffic under
substantially similar circumstances and
conditions" The preference or advantage
OF section must be undue or unreason.
able throughout the act as it now stands
in confessedly experimental form, there is
exhibited an obvious and generous pur-
pose to allow to the corporation ample
scope in the conduct OF their. business as
common carriers for the people, and fair
consideration OF every reasonable claim,
while insisting upon just, impartial, open
and consistent rates OF charge, to which
every citizen shall be subject alike, whose
situation is the same. Surely the people
COULD NOT ASK FOR LESS.
The language and the tenor Qf the act
wholly fail to justify railroad managers, il
any such there be who refuse to accept re.
sponsibilities decline to offer rates, to neg.
lect to announce conditions OF traffic, en-
barrass the customary Interchange OF
business and impose stagnation upon
trade, they "stick in the BARK OF the
phrases and impressions of the law in
venting doubts and imaginable dangers.
1t is still more uniustifiable for railroad
companies to make use OF the general
clauses OF the law, ignoring its modifying
and enlarging words and formulas, in or
der to impose additional burdens upon
localities, trades, professions, manuiact
urers, consumers, classes Of travellers OF
employers. straining and repressing every
construction in favor of the corporation
. treasury and quoting the new law as au-
thority for all manner Of petty exactions,
The powers of the commission are entirely
adequate to cope with such conduct, the
existence of which is not affirmed although
it has been somewhat publicly suggested.
The same statute which enacts that
charges for like service shall be uniform to
all also provides that charges in every
case and for every kind and class 81
service, shall be reasonable and
just: AS the law is practically ap
piled, it is said to contain many ele
ments OF advantage to the economic